Migraines & headaches decisions — 2021

The Veteran's major depressive disorder is rated at 70 percent, but the Board finds that a higher rating is not warranted as total social impairment has not been demonstrated.,Prior to August 7, 2015, the Veteran's migraine headaches are rated at 30 percent. The Board found that very frequent completely prostrating and prolonged attacks were not shown prior to this date.,Since August 7, 2015, the Veteran's migraine headaches are rated at 50 percent, which is the maximum rating under DC 8100.

The Veteran is currently employed in a suitable, management-level stable government position and has overcome any impairment of employment to which his service-connected disabilities have substantially contributed. Therefore, he does not meet the criteria for additional VR&E benefits or re-entry into the program.

The Veteran's service-connected headache disorder has rendered him unable to secure and follow a substantially gainful occupation, warranting a TDIU.

The Board has remanded the Veteran's claims for service connection and increased rating of her cervical spine disability, tension headaches, and lumbar spine disability due to inadequate statements of reasons or bases in previous decisions. The claims are being remanded for further development including new examinations and addendum opinions.

The Veteran's TDIU claim is remanded as the Board cannot consider her claim for a TDIU in the first instance due to her service-connected disabilities, and she indicated that she cannot work due to symptomatology associated with these conditions.

The Board has remanded the Veteran's claims for service connection for TBI and SMC based on need for regular aid and attendance due to ongoing issues with the adequacy of previous opinions and the inextricability of these matters.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining a substantially gainful occupation.

The Veteran's service connection claims for an acquired psychiatric disorder, headaches, back injury, neck injury, right hip injury, left ankle injury, ulcers, heart problems, kidney failure, head trauma, and seizures have been granted. The appeals are remanded for further development.

The Board has decided to remand several issues related to the Veteran's service-connected conditions, including her migraines, right knee and left knee disabilities, vertigo, and right hip disability. The effective dates for benefits are not addressed in this decision.

The Board has remanded the Veteran's claims for service connection for cervical spine degenerative disc disease, lumbar degenerative disc disease, and headaches due to inadequate medical opinions in previous examinations.

The Veteran's migraine headaches are rated at 50 percent, and his PTSD is rated at 50 percent prior to September 9, 2014. The appeal for higher ratings was denied.

The Veteran's appeals have been dismissed due to his withdrawal of the appeal.

The Veteran was granted TDIU beginning April 1, 2008. The Board found that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of that date.,VA denied an extraschedular rating for migraine headaches prior to April 1, 2008.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's tension headaches are related to his military service, including exposure to explosive devices and as secondary to PTSD.

The Veteran is unable to secure or follow a substantially gainful occupation due to service-connected migraine headaches prior to July 11, 2014.

The Board has remanded the claims due to lack of substantial compliance with previous directives and legal inadequacies in the VA examiners' opinions. The claims are now pending for further evaluation.

The Veteran's migraine headaches are granted a 50 percent rating, the highest available under Diagnostic Code 8100.,The scars of the left eyelid, nose, and forehead do not meet the criteria for a compensable rating.

The Board has decided to remand the case due to incomplete VA opinions regarding the Veteran's service-connected disabilities and workplace limitations. The case will be returned for further development.

The Board has remanded the Veteran's claims for service connection for headache syndrome and depressive disorder due to insufficient rationale in the VA examiner's opinions. The Veteran is required to undergo additional medical examinations to determine the nature and etiology of her claimed disabilities.

The Veteran's tension headaches are rated at 50 percent disabling, but no higher. The case is remanded for consideration of TDIU on an extraschedular basis.